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The Author proposes to amend the arbitration procedure law by introducing a case management concept, according to which the type of proceedings shall be determined by the court after revealing the respondent’s position.
The book analyzes the legal aspects of the interaction between the Russian empire and the states of Central Asia since the early 18th century to 1917. The author describes the main stages of Russian influence on the legal development of the Central Asian khanates, outlining the main directions of this influence. He focuses on the ways and methods of the Russian legal policy employed in the Central Asian khanates placed under the Russian protectorate. He also explores the problem of the Russian legal policy implemented in the Central Asian regions with special legal status as well as under conditions of martial law, revolutionary situation, etc. The research undertaken by the author allows understanding of the historical experience of the integration within the Eurasian space of which the next stage is being actively realized today as well as evaluating the efficiency, strengths and weaknesses of the legal means of this integration in the 18th through the early 20th centuries. The book is designed for specialists in the fields of history of state and law, Russian history, Eastern studies, political science, as well as for undergraduate students majoring in the aforementioned specialties.
This paper focuses on the evolution of Russian legislation, political thoughts and public administration as for corruption and anti-corruption measures in the exercise of public functions.
This paper analyzes the cultural constraints imposed in the Russian legal system by the prevailing social philosophy, which is characterized by a significant degree of religious conservatism and communitarianism. This conservatism is predictably opposed to sexual minorities and to those who want to defend or justify them. The author concludes that this philosophy strongly affects decision-making in Russian courts, and can sometimes overrule the provisions of the Russian Constitution and the laws that formally grant protection to sexual minorities. In turn, this conservative social philosophy and communitarian morality are based on religious patterns that are still shaping the mindsets and attitudes of Russians. These attitudes cannot be ignored by judges and other actors in the Russian legal system, who to some extent are subject to the general perception of what is just, acceptable, and reasonable in society, and are factually bound by this perception.
The author analyzes a current state of the Russian legislation which concretizes regulations of international law and the Constitution of Russia about the right to seek and receive information, finds problems of legal regulation of this right and specifies the perspective directions of development of the Russian information legislation. The author analyzes this legislation, its system communications and a ratio between legal acts.
The constitutional guarantees of the right to seek and receive information and rules of special legal acts are considered in logical sequence.
The author pays special attention to gaps and collisions which are obstacles for implementation of the right to look for and receive information. Difficulties exist on such questions as obligation of provision of information on request, protection of the state, office and protected by the law other secret, non-paid nature of access to information, differentiation of adjacent legislative regulation, a discretion by provision of information.
The author researches the constitutional acts of official interpretation of the most difficult questions of implementation of the right to seek and receive information and formulates provisions for completion of gaps and overcoming of contradictions of the legislation.
One of the main ambitions of the Russian Constitutional Court from the moment of its establishment has been to work as an intermediator between Russian law and the Western legal tradition, reshaping the former by bringing it closer to the latter. Such a role gave to the Court a justification for its existence in Russian law where this Court has never had any real power of constitutional control over the political authorities and their enactments. Human rights have been an important topic in these intermediating activities of the Court which actively utilised the human rights language to change the statist perspective common to Russian legal education, scholarship and practice of law. The topic of human rights turned out to be of great importance for the self-legitimation of the Court in Russian law and for aligning Russia with the European legal standards. Changes in the state ideologies in the 2000s involved for the Court the need to reconsider its approaches and to employ more conservative interpretations of human rights. After a number of discrepancies with the European Court of Human Rights, the Venice Commission and other European institutions, the Court increasingly relied on exceptionalist argumentation. In author’s opinion, with this the Court not only abandons its original function in the Russian legal system, but also could lose its institutional niche in Russian law. Assuming to have the sovereign power of exception, the Court could enter into an indirect normative conflict with the presidential power.
Lawyers work with statements about verisimilitude of factual statements, while trustworthiness of these statements is evaluated against the backdrop of coherence of factual descriptions. A correct conclusion in law means a consistent reconstruction of normative meanings in the way that fits best the normative system and that allows to cogently subsume factual states of affairs under the established normative meanings.